[4] This ignited significant public debate, especially due to concerns that following the judgement, numerous convictions related to the Melbourne gangland killings and other organised crime would be expunged.
[5] Following calls for a public inquiry, Daniel Andrews the Premier of Victoria announced in December 2018 the creation of the Royal Commission into the Management of Police Informants to investigate the scandal.
[Note 1] In the report, it was found that while Gobbo had been purporting to act as counsel for the convicted persons; she had provided information to the Victorian Police which undermined their ability to defend themselves at trial.
On 10 June 2016, the police commenced proceedings in the Supreme Court seeking declarations that the information CD proposed to disclose was subject to public interest immunity.
In his judgement, the public interest in preserving the anonymity of police informers and the welfare of Gobbo and her children was outweighed by those favoring disclosure.
[12] After receiving extensive written submissions, the High Court regarded the 'only arguable issue' underpinning the various grounds of appeal was whether 'it was no longer possible adequately to protect the safety of EF and her children in the event of disclosure'.
The court invited arguments from the Police as to further detailed evidence of what could be done to secure the safety of Gobbo and her children in the event of disclosure.
[13] Following that submission, the High Court invited oral arguments, and subsequently delivered a unanimous judgement ordering that special leave be revoked.
The public interest in preserving EF's anonymity must be subordinated to the integrity of the criminal justice system.The court then acknowledged the 'grave risk of harm' if Gobbo refused to enter witness protection.
[16] Speaking generally, the court concluded by saying it is of the 'utmost importance' that anonymity assurances be honoured; and as such be ordinarily protected by public interest immunity.
Concerns were raised that due to the revealed police behavior numerous convictions related to the Melbourne gangland killings would be expunged.
In a contemporaneous blog post hosted by the University of Melbourne, Professor Gans wrote:[19] 'Amidst the many ramifications of the scandal, I hope that Victoria's courts will themselves reflect on two indirect roles they played in these events.
[1][5][6][20] It is anticipated that the final report of the royal commission will declare that Tony Mokbel did not receive a fair trial as a result of the affair, and perhaps also Pat Barbaro.